THE STATE OF MAHARASHTRA AND ORS...Mr. S. S. Wakure, Advocate for ApplicantMr. S v. Hange, AGP for

Legal Reasoning

( 1 ) 950 CA 9517 OF 2025IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD950 CIVIL APPLICATION NO. 9517 OF 2025 IN FAST/27841/2023SUHAS BHAURAO KADAMVERSUSTHE STATE OF MAHARASHTRA AND ORS...Mr. S. S. Wakure, Advocate for ApplicantMr. S. V. Hange, AGP for Respondents-StateMr. R. R. Deshmukh, Advocate for Respondent No.3WITHCIVIL APPLICATION NO. 9519 OF 2025 IN FAST/27850/2023SHIRISH NARSINGRAO KADAM AND ANRVERSUSTHE STATE OF MAHARASHTRA AND ORSWITHCIVIL APPLICATION NO. 9524 OF 2025 IN FAST/27863/2023LAXMAN RAJARAM KADAM AND ANRVERSUSTHE STATE OF MAHARASHTRA AND ORSWITHCIVIL APPLICATION NO. 9520 OF 2025 IN FAST/27856/2023SURAJ SUHAS KADAM AND ANRVERSUSTHE STATE OF MAHARASHTRA AND ORSWITHCIVIL APPLICATION NO. 9527 OF 2025 IN FAST/27872/2023SHRIKANT NARSINGRAO KADAMVERSUS ( 2 ) 950 CA 9517 OF 2025THE STATE OF MAHARASHTRA AND ORSWITHCIVIL APPLICATION NO. 9525 OF 2025 IN FAST/27880/2023BALASAHEB NARSINGRAO KADAMVERSUSTHE STATE OF MAHARASHTRA AND ORSWITHCIVIL APPLICATION NO. 9523 OF 2025 IN FAST/27844/2023HANMANT SHANKAR KADAMVERSUSTHE STATE OF MAHARASHTRA AND ORSWITHCIVIL APPLICATION NO. 9522 OF 2025 IN FAST/27859/2023RAJARAM JYOTIRAM KADAM DIED HIS LRS KOUSHALYA AND ORSVERSUSTHE STATE OF MAHARASHTRA AND ORSWITHCIVIL APPLICATION NO. 9526 OF 2025 IN FAST/27867/2023SHASHIKALA DATTATRAYA DONGAREVERSUSTHE STATE OF MAHARASHTRA AND ORSWITHCIVIL APPLICATION NO. 15194 OF 2023 IN FAST/27859/2023EXECUTIVE ENGINEER MINOR IRRIGATION DIV.VERSUSRAJARAM JYOTIRAM KADAM DIED THROUGH LRSWITHCIVIL APPLICATION NO. 15195 OF 2023 IN FAST/27859/2023 ( 3 ) 950 CA 9517 OF 2025EXECUTIVE ENGINEER MINOR IRRIGATION DIV.VERSUSRAJARAM JYOTIRAM KADAM DIED THROUGH LRSWITHCIVIL APPLICATION NO. 15184 OF 2023 IN FAST/27841/2023EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISIONOSMANABADVERSUSSUHAS SO BHAURAO KADAM AND ORSWITHCIVIL APPLICATION NO. 15185 OF 2023 IN FAST/27841/2023EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISIONOSMANABADVERSUSSUHAS SO BHAURAO KADAM AND ORSWITHCIVIL APPLICATION NO. 15199 OF 2023 IN FAST/27844/2023EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISIONOSMANABAD.VERSUSHANMANT SHANKAR KADAM AND ORSWITHCIVIL APPLICATION NO. 15200 OF 2023 IN FAST/27844/2023EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISIONOSMANABAD.VERSUSHANMANT SHANKAR KADAM AND ORSWITHCIVIL APPLICATION NO. 15201 OF 2023 IN FAST/27847/2023THE EXECUTIVE ENGINEER IRRIGATION PROJECTMAJBUTIKARANDIVISION OSMANABAD ( 4 ) 950 CA 9517 OF 2025VERSUSSHIRISH SO NARSINGRAO KADAM AND ORSWITHCIVIL APPLICATION NO. 15203 OF 2023 IN FAST/27847/2023THE EXECUTIVE ENGINEER IRRIGATION PROJECTMAJBUTIKARANDIVISION OSMANABADVERSUSSHIRISH SO NARSINGRAO KADAM AND ORSWITHCIVIL APPLICATION NO. 15193 OF 2023 IN FAST/27863/2023EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISIONOSMANABADVERSUSLAXMAN RAJARAM KADAM AND ORSWITHCIVIL APPLICATION NO. 15197 OF 2023 IN FAST/27850/2023EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISIONOSMANABADVERSUSSHIRISH NARSINGRAO KADAM AND ORSWITHCIVIL APPLICATION NO. 15198 OF 2023 IN FAST/27850/2023EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISIONOSMANABADVERSUSSHIRISH NARSINGRAO KADAM AND ORSWITHCIVIL APPLICATION NO. 15204 OF 2023 IN FAST/27853/2023EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISIONOSMANABADVERSUS ( 5 ) 950 CA 9517 OF 2025SIDHESHWAR SOPAN KADAM AND ORSWITHCIVIL APPLICATION NO. 15205 OF 2023 IN FAST/27853/2023EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISIONOSMANABADVERSUSSIDHESHWAR SOPAN KADAM AND ORSWITHCIVIL APPLICATION NO. 15191 OF 2023 IN FAST/27867/2023EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISIONOSMANABADVERSUSSHASHIKALA DATTATREY DONGARE AND ORSWITHCIVIL APPLICATION NO. 15209 OF 2023 IN FAST/27872/2023EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISIONVERSUSSHIRIKANT NARSINGRAO KADAM AND ORSWITHCIVIL APPLICATION NO. 15206 OF 2023 IN FAST/27856/2023EXECUTIVE ENGINEER MINOR IRRIGATION DIV.VERSUSSURAJ SUHAS KADAM AND ORSWITHCIVIL APPLICATION NO. 15192 OF 2023 IN FAST/27863/2023EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISIONOSMANABADVERSUSLAXMAN RAJARAM KADAM AND ORS ( 6 ) 950 CA 9517 OF 2025WITHCIVIL APPLICATION NO. 15190 OF 2023 IN FAST/27867/2023EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISIONOSMANABADVERSUSSHASHIKALA DATTATREY DONGARE AND ORSWITHCIVIL APPLICATION NO. 15188 OF 2023 IN FAST/27880/2023EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISIONOSMANABADVERSUSBALASAHEB NARSINGRAO KADAM AND ORSWITHCIVIL APPLICATION NO. 15189 OF 2023 IN FAST/27880/2023EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISIONOSMANABADVERSUSBALASAHEB NARSINGRAO KADAM AND ORSWITHCIVIL APPLICATION NO. 15207 OF 2023 IN FAST/27856/2023EXECUTIVE ENGINEER MINOR IRRIGATION DIV.VERSUSSURAJ SUHAS KADAM AND ORSWITHCIVIL APPLICATION NO. 15210 OF 2023 IN FAST/27872/2023EXECUTIVE ENGINEER MINOR IRRIGATION DIV.VERSUSSHIRIKANT NARSINGRAO KADAM AND ORSWITHCIVIL APPLICATION NO. 9528 OF 2025 ( 7 ) 950 CA 9517 OF 2025 IN FAST/27853/2023SIDHESHWAR SOPAN KADAMVERSUSTHE STATE OF MAHARASHTRA AND ORSWITHCIVIL APPLICATION NO. 9521 OF 2025 IN FAST/27847/2023SHIRISH NARSINGRAO KADAMVERSUSTHE STATE OF MAHARASHTRA AND ORS…CORAM:AJIT B. KADETHANKAR, J.DATE:26.09.2025PER COURT :-CIVIL APPLICATION NO. 9517 OF 2025 (Withdrawal)CIVIL APPLICATION NO. 9519 OF 2025 (Withdrawal)CIVIL APPLICATION NO. 9520 OF 2025 (Withdrawal)CIVIL APPLICATION NO. 9521 OF 2025 (Withdrawal)CIVIL APPLICATION NO. 9522 OF 2025 (Withdrawal)CIVIL APPLICATION NO. 9523 OF 2025 (Withdrawal)CIVIL APPLICATION NO. 9524 OF 2025 (Withdrawal)CIVIL APPLICATION NO. 9525 OF 2025 (Withdrawal)CIVIL APPLICATION NO. 9526 OF 2025 (Withdrawal)CIVIL APPLICATION NO. 9527 OF 2025 (Withdrawal)CIVIL APPLICATION NO. 9528 OF 2025 (Withdrawal)1.All the First Appeals are filed by the Acquiring Body, challengingenhancement granted by the learned Reference Court in the respective LandAcquisition References as mentioned below:C.A. No.First Appeal No.L.A.R. No.Authority9517 OF 202527841/2023534 of 2018Learned Civil Judge,9519 OF 202527850/2023529 of 20089520 OF 202527856/2023191 of 2008 ( 8 ) 950 CA 9517 OF 2025Senior Division,Osmanabad, Delivered on01.07.20139521 OF 202527847/2023326 of 20089522 OF 202527859/2023531 of 20089523 OF 202527844/20232 of 20089524 OF 202527863/2023533 of 20089525 OF 202527880/2023361 of 20099526 OF 202527867/2023547 of 20089527 OF 202527872/2023260 of 20089528 OF 202527853/2023325 of 20082.Pursuant to the interim relief granted in favour of the AcquiringBody in their Civil Applications, the Acquiring Body has deposited the entireamount in this Court. As such, there is compliance of the first order passed bythis Court. Pursuant to the deposits made by the Acquiring Body, present CivilApplications are moved by the claimants for withdrawal of the depositedamount.3.Mr. S. S. Wakure, learned counsel for the applicants placed onrecord an order dated 26.08.2022, passed by this Court in Civil ApplicationNo.12171 of 2022 in FAST/31099/2019 and connected matters. Mr. Wakuresubmits that this Court, vide the cited order, permitted 70% of the amountdeposited by the acquiring body in this Court in respective First Appeals. Hefurther submits that the cited matters arise out of the same land acquisitionproceedings and same land acquisition award. He also states that the groundsof the appeal and objection by the acquiring body in the cited matters areidentical to those in the present matters. He further submits that the order of ( 9 ) 950 CA 9517 OF 2025withdrawal in the cited matters was passed by this Court after hearing boththe parties and particularly the acquiring body. Hence on the ground of parity,Mr. Wakure, learned counsel for the applicant seeks similar order in thepresent applications. In Civil Application No.9517 of 2025, Mr. Wakure praysthat the amounts falling equal to the shares of both the applicants bedisbursed to them in their respective individual accounts.4.Mr. Deshmukh, learned counsel for the acquiring body fairlyagrees with the submissions made by Mr. Wakure, learned counsel for theapplicant on factual aspects that these matters involve the same landacquisition award, the same acquisition proceedings, and identical grounds ofappeal in all the appeals.5.In view of this, I pass the following order :-ORDERa.Civil Applications are allowed.b.Applicants are permitted to withdraw 70% of the amountdeposited by the acquiring body in respective appeals byfurnishing usual undertaking to the satisfaction of the learnedRegistrar (Judicial) of this Court.c.In Civil Application No.9517 of 2025, the amounts fallingequal to the shares of both the applicants be disbursed to them intheir respective individual accounts.d.Remaining amount pending in this Court shall be deposited ( 10 ) 950 CA 9517 OF 2025in fixed deposit in any nationalized bank.e.Civil Applications are disposed of.CIVIL APPLICATION NO. 15184 OF 2023 (Delay)CIVIL APPLICATION NO. 15197 OF 2023 (Delay)CIVIL APPLICATION NO. 15206 OF 2023 (Delay)CIVIL APPLICATION NO. 15201 OF 2023 (Delay)CIVIL APPLICATION NO. 15194 OF 2023 (Delay)CIVIL APPLICATION NO. 15199 OF 2023 (Delay)CIVIL APPLICATION NO. 15192 OF 2023 (Delay)CIVIL APPLICATION NO. 15188 OF 2023 (Delay)CIVIL APPLICATION NO. 15190 OF 2023 (Delay)CIVIL APPLICATION NO. 15209 OF 2023 (Delay)CIVIL APPLICATION NO. 15204 OF 2023 (Delay)1.All the First Appeals are filed by the Acquiring Body, challengingenhancement granted by the learned Reference Court in the respective LandAcquisition References as mentioned below:C.A. No.First Appeal No.L.A.R. No.Days of delayAuthority15184 of 202327841/2023534 of 20183582Learned Civil Judge, Senior Division, Osmanabad, Delivered on 01.07.201315197 of 202327850/2023529 of 2008358515206 of 202327856/2023191 of 2008358215201 of 202327847/2023326 of 2008358515194 of 202327859/2023531 of 2008358215199 of 202327844/20232 of 2008358215192 of 202327863/2023533 of 2008358215188 of 202327880/2023361 of 2009358215190 of 202327867/2023547 of 2008358215209 of 202327872/2023260 of 2008358215204 of 202327853/2023325 of 200835821.These are the Civil Applications for condonation of delay in filingthe respective First appeals. ( 11 ) 950 CA 9517 OF 20252.As a matter of fact, the appellant/acquiring body has depositedthe entire payable award amount in this Court pursuant to the stay grantedearlier by this Court, and today, the claimant are permitted to withdrawsubstantial portion of the deposited amount.3.Considering this and the reasons stated in the application, CivilApplications are allowed.4.Delay in filing the respective First Appeals is hereby condoned.5.Registry to register the First Appeals, subject to removal of alloffice objections, if any, by the applicants, within two weeks from today, failingto which the registration of the First Appeals stands de-registered.CIVIL APPLICATION NO. 15185 OF 2023 (Stay)CIVIL APPLICATION NO. 15198 OF 2023 (Stay)CIVIL APPLICATION NO. 15207 OF 2023 (Stay)CIVIL APPLICATION NO. 15203 OF 2023 (Stay)CIVIL APPLICATION NO. 15195 OF 2023 (Stay)CIVIL APPLICATION NO. 15200 OF 2023 (Stay)CIVIL APPLICATION NO. 15193 OF 2023 (Stay)CIVIL APPLICATION NO. 15189 OF 2023 (Stay)CIVIL APPLICATION NO. 15191 OF 2023 (Stay)CIVIL APPLICATION NO. 15210 OF 2023 (Stay)CIVIL APPLICATION NO. 15205 OF 2023 (Stay)1.In view of the fact that the acquiring body has complied with theconditions imposed by this Court while granting stay to the impugnedjudgment and order, stay granted earlier is made absolute.2.Civil Application are allowed in terms of prayer clause “B”. ( 12 ) 950 CA 9517 OF 20253.Civil Applications are disposed of.FAST/27841/2023FAST/27850/2023FAST/27856/2023FAST/27847/2023FAST/27859/2023FAST/27844/2023FAST/27863/2023FAST/27880/2023FAST/27867/2023FAST/27872/2023FAST/27853/2023 1.Heard.2.Admit.3.Issue notice to the respondents. Mr. Dande, learned AGP waivesservice of notice for the respondent-state in respective appeals.4.Call Record and Proceeding.[AJIT B. KADETHANKAR, J.]PRW